New Jersey § 2a:156a-4

§ 2a:156a-4.

It shall not be unlawful under this act for: a. An operator of a switchboard, or an officer, agent or employee of a provider of

wire or electronic communication service, whose facilities are used in the transmission

of a wire or electronic communication, to intercept, disclose or use that communication

in the normal course of his employment while engaged in any activity which is a necessary

incident to the rendition of his service or to the protection of the rights or property

of the provider of that service. No provider of wire or electronic communication service shall utilize service observing

or random monitoring except for mechanical or service quality control checks; b. Any investigative or law enforcement officer to intercept a wire, electronic or

oral communication, where such officer is a party to the communication or where another

officer who is a party to the communication requests or requires him to make such

interception; c. Any person acting at the direction of an investigative or law enforcement officer

to intercept a wire, electronic or oral communication, where such person is a party

to the communication or one of the parties to the communication has given prior consent

to such interception; provided, however, that no such interception shall be made without the prior approval of the Attorney General or his designee or a county prosecutor or his designee ; d. A person not acting under color of law to intercept a wire, electronic or oral

communication, where such person is a party to the communication or one of the parties

to the communication has given prior consent to such interception unless such communication

is intercepted or used for the purpose of committing any criminal or tortious act

in violation of the Constitution or laws of the United States or of this State or

for the purpose of committing any other injurious act. The fact that such person is the subscriber to a particular telephone does not constitute

consent effective to authorize interception of communications among parties not including

such person on that telephone. Any person who unlawfully intercepts or uses such communication as provided in this

paragraph shall be subject to the civil liability established in section 24 of P.L.1968,

c. 409 ( C.2A:156A-24 ), in addition to any other criminal or civil liability imposed by law; e. Any person to intercept or access an electronic communication made through an electronic

communication system that is configured so that such electronic communication is readily

accessible to the general public; f. Any person to intercept any radio communication which is transmitted: (1) by any station for the use of the general public, or that relates to ships, aircraft,

vehicles, or persons in distress; (2) by any governmental, law enforcement, civil defense, private land mobile, or public

safety communication system, including police and fire, readily accessible to the

general public; (3) by a station operating on an authorized frequency within the bands allocated to

the amateur, citizens band, or general mobile radio services; or (4) by any marine or aeronautical communications system; g. Any person to engage in any conduct which: (1) is prohibited by section 633 of the Communications Act of 1934; or (2) is excepted from the application of section 705(a) of the Communications Act of

1934 by section 705(b) of that Act; h. Any person to intercept any wire or electronic communication the transmission of

which is causing harmful interference to any lawfully operating station or consumer

electronic equipment, to the extent necessary to identify the source of such interference;

or for other users of the same frequency to intercept any radio communication made

through a system that utilizes frequencies monitored by individuals engaged in the

provision or the use of such system, if such communication is not scrambled or encrypted;

or i. A provider of electronic communication service to record the fact that a wire or electronic communication

was initiated or completed in order to protect such provider, another provider furnishing

service toward the completion of the wire or electronic communication, or a user of

that service, from fraudulent, unlawful or abusive use of such service.